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Illinois Compiled Statutes
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REVENUE (35 ILCS 200/) Property Tax Code. 35 ILCS 200/16-65
(35 ILCS 200/16-65)
Sec. 16-65. Equalization process. The board of review shall act as an
equalizing authority, if after equalization by the supervisor of assessments
the equalized assessed value of property in the county is not 33 1/3% of the
total fair cash value. The board shall, after notice and hearing as required by
Section 12-40, lower or raise the total assessed value of property in any
assessment district within the county so that the property, other than farm
and coal property assessed under Sections 10-110 through 10-140 and Sections
10-170 through 10-200, will be assessed at 33 1/3% of its fair cash value.
For each assessment district of the county, the board of review shall
annually determine the percentage relationship between the valuations at which
property other than farm and coal property is listed and the estimated 33 1/3%
of the fair cash value of such property. To make this analysis, the board
shall use at least 25 property transfers, or a combination of at least 25
property transfers and property appraisals, such information as may be
submitted by interested taxing bodies, or any other means as it deems proper
and reasonable. If there are not 25 property transfers available, or if these
25 property transfers do not represent a fair sample of the types of properties
and their proportional distribution in the assessment district, the board shall
select a random sample of properties of a number necessary to provide a
combination of at least 25 property transfers and property appraisals as much
as possible representative of the entire assessment district, and provide for
their appraisal. The township or multi-township assessor shall be notified of
and participate in the deliberations and determinations.
In assessment year 2011, the board of review shall consider compulsory sales in its equalization process. The board of review, in conjunction with the chief county assessment officer, shall determine the number of compulsory sales from the prior year for the purpose of revising and correcting assessments. The board of review shall determine if the number of compulsory sales is at least 25% of all property transfers within the neighborhood, township, multi-township assessment district, or other specific geographic region in the county for that class of property, but shall exclude from the calculation (i) all property transfers for which the property characteristics and condition are not the same as those characteristics and condition used to determine the assessed value and (ii) any property transfer that is not an arm's length transaction based on existing sales ratio study standards (except for compulsory sales). If the board determines that the number of compulsory sales is at least 25% of all property transfers within the defined geographic region for that class of property, then the board of review must determine (i) the median assessment level of arm's length transactions and (ii) the median assessment level of compulsory sales. If the median assessment level of compulsory sales is higher than the median assessment level of arm's length transactions, then compulsory sales shall be included in the arm's length transaction study and the board must calculate the new median assessment level. Assessed values of properties within the specific geographic area for that class of property must be revised to reflect this new median assessment level. The revised median assessment level shall be the basis for equalization as otherwise provided in this Section. With the ratio determined for each assessment
district, the board shall ascertain the amount to be added or
deducted from the aggregate assessment on property subject to local
assessment jurisdiction, other than farm and coal property, to produce a
ratio of assessed value to 33 1/3% of the fair cash value equivalent to 100%.
However, in determining the amount to be added to the
aggregate assessment on property subject to local jurisdiction in order
to produce a ratio of assessed value to 33 1/3% of the fair cash value
equivalent to 100%, the board shall not, in any one
year, increase or decrease the aggregate assessment of any assessment
district by more than 25% of the equalized valuation of the district
for the previous year, except that additions, deletions or depletions to
the taxable property shall be excluded in computing the 25% limitation.
The board shall complete the equalization by the date prescribed in Section
16-35 for the board's adjournment, and, within 10 days thereafter, shall report
the results of its work under this Section to the Department. At least 30 days
prior to its adjournment, the board shall publish a notice declaring whether
it intends to equalize assessments as provided in this Section. The notice
shall be published in a newspaper of general circulation in the county.
If the board fails to report to the Department within the required time, or if
the report discloses that the board has failed to make a proper and
adequate equalization of assessments, the Department shall direct,
determine, and supervise the assessment so that all assessments of property are
relatively just and equal as provided in Section 8-5.
(Source: P.A. 96-1083, eff. 7-16-10.)
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35 ILCS 200/16-70
(35 ILCS 200/16-70)
Sec. 16-70. Determination of exemptions. The board of review shall hear and
determine the application of any person who is assessed on property claimed to
be exempt from taxation. However, the decision of the board shall not be
final, except as to homestead exemptions and exemptions provided under subsection (b) of Section 15-5. With the exception of homestead exemptions and exemptions provided under subsection (b) of Section 15-5, upon filing of any application for an exemption which would reduce the assessed valuation of any
property by more than $100,000, the owner shall deliver, in person or by mail,
a copy of the application to any municipality, school district, community
college district, and fire protection district in which the property is situated. Failure of a
municipality, school district, community college district, or fire protection district to receive the
notice shall not invalidate any exemption. The board shall give the
municipalities, school districts, community college districts, fire protection districts, and the
taxpayer an opportunity to be heard. The clerk of the board in all cases other
than homestead exemptions, under the direction of the board, shall make out and
forward to the Department, a full and complete statement of all the facts in
the case. The Department shall determine whether the property is legally liable
to taxation. It shall notify the board of review of its decision, and
the board shall correct the assessment if necessary. The decision of the
Department is subject to review under Sections 8-35 and 8-40. The extension of
taxes on any assessment shall not be delayed by any proceedings under this
Section, and, if the Department rules that the property is exempt, any taxes
extended upon the unauthorized assessment shall be abated or, if paid, shall be
refunded.
(Source: P.A. 102-815, eff. 5-13-22.)
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35 ILCS 200/16-75
(35 ILCS 200/16-75)
Sec. 16-75.
Certificates of error.
The board of review shall, at any time
before judgment, if an error or mistake is discovered (other than errors of
judgment as to the valuation), in any assessment, issue to the person
erroneously assessed a certificate setting forth the nature of the error and
its cause or causes. The certificate when properly endorsed by the chief
county assessment officer, showing concurrence therein, and not otherwise, may
be used in evidence in any court of competent jurisdiction, and when so
introduced in evidence, shall become a part of the court records, and shall not
be removed from the files except upon the order of the court.
After the board of review has issued a certificate of error and it has been
properly endorsed by the chief county assessment officer, 2 copies of the
certificate shall be made and one copy given to the county clerk and one copy
to the collector. The county clerk shall keep records of the changes or
corrections made in the certificate and shall certify such corrections to the
collector so that he or she can account for the proper amount of taxes
chargeable to him or her.
(Source: P.A. 91-377, eff. 7-30-99.)
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35 ILCS 200/16-80
(35 ILCS 200/16-80)
Sec. 16-80.
Reduced assessment of homestead property.
In any county
with
fewer than 3,000,000 inhabitants, if
the board of review
lowers the assessment of a particular parcel on which a
residence occupied by
the owner is situated, the reduced assessment, subject to equalization, shall
remain in effect for the remainder of the general assessment period as provided
in Sections 9-215 through 9-225, unless the taxpayer, county assessor, or
other interested party
can show substantial cause why the reduced assessment should not remain in
effect, or unless the decision of the board is reversed or modified upon
review.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
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35 ILCS 200/16-85
(35 ILCS 200/16-85)
Sec. 16-85.
Certification of assessment books.
The board of review in
counties with less than 3,000,000 inhabitants, shall, on or before the annual
date for adjournment as fixed by Section 16-35, complete its work and make the
entries in the assessment books required to make the assessment conform to the
changes made therein by the board of review, and shall attach to each book an
affidavit signed by at least 2 members of the board, which affidavit shall be
substantially in the following form: State of Illinois, County of ....,
We, and each of us, as a member of the board of review of the county of
.... in the State of Illinois, do solemnly swear that the book to which this
affidavit is attached contains a full and complete list of all the property in
the county subject to taxation for the year .... so far as we have been able to
ascertain, and that the assessed value set down opposite the description of a
property, is, in our opinion, a just and equal assessment of the property for
the purposes of taxation according to law, and that the footings of the columns
in the book are correct, to the best of our knowledge and belief.
Dated ....
(Source: P.A. 83-121; 88-455.)
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35 ILCS 200/16-90
(35 ILCS 200/16-90)
Sec. 16-90.
Delivery of assessment books.
In counties with less than
3,000,000 inhabitants, when the books are completed, the board of review shall
deliver one set of the books to the county clerk, who shall file it in his or
her office; and one set to the chief county assessment officer. All of the
books shall be public records. All assessors' books shall be retained for a
period of 5 years, after which the County Board may order the officer having
custody of the books to dispose of them and to certify that fact, when
completed, to the county board. The assessment completed by the board of review
and certified to the county clerk, as equalized, shall be the assessment
upon which the taxes of that year shall be extended by the county clerk.
(Source: P.A. 83-1362; 88-455.)
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35 ILCS 200/Art. 16 Div. 3
(35 ILCS 200/Art. 16 Div. 3 heading)
Division 3.
Board of review;
counties of 3,000,000 or more
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35 ILCS 200/16-95
(35 ILCS 200/16-95)
Sec. 16-95. Powers and duties of board of appeals or review; complaints. In counties with 3,000,000 or more inhabitants, until the first Monday in
December 1998, the board of appeals in any year shall, on complaint that any
property is overassessed or underassessed, or is exempt, review and order the
assessment corrected.
Beginning the first Monday in December 1998 and thereafter, in counties with
3,000,000 or more inhabitants, the board of review:
(1) shall, on written complaint of any taxpayer or | | any taxing district that has an interest in the assessment that any property is overassessed, underassessed, or exempt, review the assessment and confirm, revise, correct, alter, or modify the assessment, as appears to be just; and
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(2) may, upon written motion of any one or more
| | members of the board that is made on or before the dates specified in notices given under Section 16-110 for each township and upon good cause shown, revise, correct, alter, or modify any assessment (or part of an assessment) of real property regardless of whether the taxpayer or owner of the property has filed a complaint with the board; and
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| | amendatory Act of the 96th General Assembly, pursuant to the provisions of Sections 9-260, 9-265, 2-270, 16-135, and 16-140, review any omitted assessment proposed by the county assessor and confirm, revise, correct, alter, or modify the proposed assessment, as appears to be just.
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No assessment may be changed by the board on its own
| | motion until the taxpayer in whose name the property is assessed and the chief county assessment officer who certified the assessment have been notified and given an opportunity to be heard thereon. All taxing districts shall have an opportunity to be heard on the matter.
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(Source: P.A. 96-1553, eff. 3-10-11.)
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35 ILCS 200/16-100
(35 ILCS 200/16-100)
Sec. 16-100.
Correction orders.
In counties with 3,000,000 or more
inhabitants, the board of appeals (until the first Monday in December
1998 and the board of review beginning the first Monday in December 1998
and thereafter) in any year shall order the county assessor
to correct any mistake or error (other than mistakes or errors of judgment as
to the valuation of any property) in the manner provided in Sections 14-10 and
16-145.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
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